Legislation
SECTION 8-C
Enterprise fraud prevention and detection system
State Finance (STF) CHAPTER 56, ARTICLE 2
§ 8-c. Enterprise fraud prevention and detection system. 1. In
furtherance of the comptroller's constitutional and statutory functions,
duties and responsibilities, the comptroller may, within his or her
discretion, establish, implement and update as necessary an electronic
data analytical enterprise fraud prevention and detection system for the
prevention of fraud, waste and abuse in state government and the
detection and prevention of improper payments of public moneys.
2. State agencies shall fully support and cooperate with the state
comptroller by providing the state comptroller with access to data
requested by the state comptroller, in accordance with applicable state
and federal law, to allow such data to be integrated into such analytic
efforts as the state comptroller may deem necessary. For this purpose,
the term "state agency" shall mean any of the following performing a
governmental or proprietary function for the executive department of the
state: a state department, the state university of New York, the city
university of New York, and any board, bureau, division, commission,
committee, council, office or similar governmental entity.
3. In support of the enterprise fraud prevention and detection system,
the state comptroller shall establish protocols:
(a) for data sharing, secure file transfers and/or other methods to
obtain real-time, regular and/or periodic data from state agencies,
provided, however, that access to such data by the state comptroller
shall not waive any privilege or right of confidentiality;
(b) to ensure the safety, security, integrity and privacy of all data
shared with his or her office in accordance with the system; and
(c) for the authorized retention and deletion of data obtained from
state agencies.
4. In connection with such system, the state comptroller, in his or
her discretion, may:
(a) develop a long-range plan for preventing or detecting improper
payments of public moneys, and the prevention and detection of waste,
fraud and abuse in government operations;
(b) acquire technology including, but not limited to, software that
enhances the following capabilities: (i) automated detection and
alerting; (ii) continuous monitoring of program transactions and
activity, to detect fraud and improper payments both prospectively
(before the payment is made) and retrospectively (after payments are
made); (iii) detection of non-transactional fraud such as program
eligibility issues and identify theft; and
(c) evaluate potential savings resulting from such efforts.
5. The state comptroller shall report annually to the legislature no
later than the first day of September, two thousand sixteen and annually
thereafter on the progress, status and results of the system created
pursuant to this section and subdivision two of section twenty-eight
hundred three of the public authorities law.
furtherance of the comptroller's constitutional and statutory functions,
duties and responsibilities, the comptroller may, within his or her
discretion, establish, implement and update as necessary an electronic
data analytical enterprise fraud prevention and detection system for the
prevention of fraud, waste and abuse in state government and the
detection and prevention of improper payments of public moneys.
2. State agencies shall fully support and cooperate with the state
comptroller by providing the state comptroller with access to data
requested by the state comptroller, in accordance with applicable state
and federal law, to allow such data to be integrated into such analytic
efforts as the state comptroller may deem necessary. For this purpose,
the term "state agency" shall mean any of the following performing a
governmental or proprietary function for the executive department of the
state: a state department, the state university of New York, the city
university of New York, and any board, bureau, division, commission,
committee, council, office or similar governmental entity.
3. In support of the enterprise fraud prevention and detection system,
the state comptroller shall establish protocols:
(a) for data sharing, secure file transfers and/or other methods to
obtain real-time, regular and/or periodic data from state agencies,
provided, however, that access to such data by the state comptroller
shall not waive any privilege or right of confidentiality;
(b) to ensure the safety, security, integrity and privacy of all data
shared with his or her office in accordance with the system; and
(c) for the authorized retention and deletion of data obtained from
state agencies.
4. In connection with such system, the state comptroller, in his or
her discretion, may:
(a) develop a long-range plan for preventing or detecting improper
payments of public moneys, and the prevention and detection of waste,
fraud and abuse in government operations;
(b) acquire technology including, but not limited to, software that
enhances the following capabilities: (i) automated detection and
alerting; (ii) continuous monitoring of program transactions and
activity, to detect fraud and improper payments both prospectively
(before the payment is made) and retrospectively (after payments are
made); (iii) detection of non-transactional fraud such as program
eligibility issues and identify theft; and
(c) evaluate potential savings resulting from such efforts.
5. The state comptroller shall report annually to the legislature no
later than the first day of September, two thousand sixteen and annually
thereafter on the progress, status and results of the system created
pursuant to this section and subdivision two of section twenty-eight
hundred three of the public authorities law.